X 


•  fRtBti. ' 


[IIovf<K  Bin..] 


A    B1X.I., 

To  be  entitled  An  Act  to  facilitate  the  detection  of  frauds  by  the  dis- 
bursing officers  of  the  Government,  with  the  view  to  the  discovery 
of  frauds  and  peculations  upon  the  Government,  and  facilitate  the 
conviction  of  offenders,  under  existing  or  future  laws. 

1  Section   1.    Tlifi  Congress  of  tin  Confcderatt' States  of  America  do 

2  enact.  That  evf^rj  disbursing  officer  of  the  Government,  and  every 

3  one  hereafter  appointed,  shall,  before  entering  upon  the  duties  of 

4  his  office,  make  out,  in  duplicate,  a  schedule  or  inventory,  set- 

5  ting  forth,  under  oath   duly  administered,    all    the    property  of 

6  which  he  was,  or  may  be,  seized  or  possessed,  at  the  time  of  his 

7  appointment,  with  a  description  thereof,  one  of  which  duplicates 

8  shall  be  filed  in  the  office  of  the  Secretary  of  the  Treasury,  and 

9  the  other  in   the  office  of  the   District  Court  of  the  Confederate 
ID  States,  where  he  resides,  or  resided  at  the  time  of  his  appoint- 

1 1  ment ;  aiid  should  any  person  make  a  wilful  misstatement  in  tho 

12  execution  of  such  schedule  or  inventory,  he  shall  be  deemed  guilty 

13  of  false  swearing,  and,  upon  conviction    thereof,  be  subject  to  & 

14  fine  of  not   less  than   one   thousand  dollars,  nor   more  than  ten 

15  thousand  dollars,  and  imprisonment  for  not  less  than  one  year, 


2 

16"  nur  more  th;in  ten  j'ears;  an<l  in   the  trial  of  any  officer,  or  in 

17  any  ruit  or  prosecution  ;j gainst   any  officer  based  upon   alleged 

18  frauds  or  peculations  upon  the  Government,  ownership  by  the 

19  defendant  of  other  property,  money  or  eftVcts,  not  set  forth  in 

20  Bueh  schedult^or  inventory,  and  not  the  natural  increase  or  accu- 

21  mulation  of  or  from  property  set  forth  tlierein,  shall  he  held  to 
t2  be  pre(*umptive  evideiice  Hgainst  him. 

1  Sm;.  2.  Collatteral  proof  ntay  be  adduced  by  the  Government, 

3  to  establish   the  incorrootneHs  or  falsity  of  the   schedule  before 

3  mentioned  ;  and   all  the  overplus  of  pa-oporry  \vhich  any  of  said 

4  officials  may  be  found  to  poHsess  beyond  the  amount  possessed  at 

5  the  time  of  their  indui-tion  into  office,  and  for  which  they  cannot 

6  satisfactorily  «ccount.  so  a^  to  show  clearly  that  such  overplus  did 

7  not  accrue  from  the  use  or  employment  of  Government  funds,  shall 

8  be  recognized  as  the  property  of  the  Government,  and  be  subject 

9  to  be  seir.ed  and  disp»o«}ed  of  for,  and  on  account  of  the  Govern- 
•     10  ment.     The  District  Court  of  the  dintriet  in  which  the  party  may 

11  reside,  or  i)i  which  the  schedule  ia  required  to  be  filed  under  this 

12  act,  shall  have  jurisdiction  to  condemn  the  property  of  such  party 

13  as  hereinbefore  provided  to  be  neiaed,  for  the  use  of  the  Govern- 

14  ment. 

1  Skc.  a.  In  all  cases  where  prosecutions,  under  this  act,  shall 

2  have  been  commenced  at  the  instance  of  any  one  giving  informa- 

3  tion  cf  the  violation  thereof,  and  becoming  the  prosecutor  of  the 


s 

t  alleged  culprit,  sairl  prosecutor  shall  he  entitled  to  one-fourth  of 

5  the  whole  Hmounr  which  shall  be  seized,  and  condemned  by  the 

H  Governuient,  as  heroin1>efore  provided. 

1  Si:c.   4.  (.)ftences,  under  this  act,  may  be  prosiccuted  in  any  Dis- 

1  irict  r'ourt  of  the  Confederate  States,  or  any  court  of  the  State, 

iJ  county,  parish  or  district,  having  jurisdiction  of  such  oflfences. 
1  Skc.   b.     The  schedule  required  by  the  first  section  of  this  act, 

"i  or  H  certitiiid   copy  thereof,  yhall   he   received   in   evidence,  on  a 

;}  tnal  of  :iny  of  the  ofionoo><  enumerated  in  this  act. 
\  Skc.  fl.   All  disbursing  oflicerf*  who  shall  fail,  or  refuse  to  fill 

:Z  the  soheduh*  requirevi  by  this  act,  for  twenty  days  after  being  re- 

3  quired  to  do  so,  which  requirement  nhall  be  made  by  the  chief  of 

4  the  department  from  which  he  holds  his  commission,  shall  be  Huh- 

5  ject  to  a  fine  of  one  thousand  dollars,  and  enrolled  under  the  con- 
tv  Hcriptiou  acts  now  in  force  ;   and  in  all  cases  where  such    failure 

7  or  refusal  shall  ottcur,  it  shall  be  competent  for  the  Government 

8  to  introduce  other  evidence,  to  ascertain  the  property  possessed 
f>  by  the  officer  so  failing  to  furnish  a  schedule,  at  the  time  of  his 

10  induction  into  office. 


